[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2425 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2425

  To prohibit United States assistance and commercial arms exports to 
       countries and entities supporting international terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2002

Mr. Bayh (for himself and Mr. Brownback) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To prohibit United States assistance and commercial arms exports to 
       countries and entities supporting international terrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Cooperative 
Antiterrorism Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The use of terrorism is detestable and an illegitimate 
        means of political expression.
            (2) International terrorist organizations pose a direct 
        threat to the United States, and this threat is becoming more 
        acute and more difficult to prevent.
            (3) The threat from international terrorism is made far 
        more dangerous by the proliferation of chemical, biological, 
        and radiological weapons and the means to produce those 
        weapons.
            (4) The prosecution of the war against international 
        terrorist organizations must continue until the threat they 
        pose to the people and interests of the United States is 
        eliminated.
            (5) The United States can only win the war against 
        terrorism if it receives cooperation from other countries and 
        entities.
            (6) Protecting the United States homeland and United States 
        interests overseas from terrorism is of the highest priority in 
        the foreign relations of the United States.
            (7) Cooperation in the global war against international 
        terrorism must be a primary focus of United States foreign 
        relations, United States assistance, and international security 
        relations.
            (8) Winning the global war against international terrorism 
        requires cooperation from the international community, 
        especially in the areas of preventing the financing of terror, 
        sharing information on international terror networks, 
        eliminating terror cells, and in preventing the promotion of 
        virulent anti-Americanism with the intent to incite violence 
        and the glorification of terrorism in state-owned media and 
        state-controlled schools.
            (9) The promotion of terrorism, intolerance, and virulent 
        anti-Americanism in state-owned media and state-controlled 
        education systems is abhorrent and poses a long-term threat to 
        the safety and security of the United States as well as the 
        community of nations.
            (10) All countries and entities must be encouraged to 
        cooperate in the global war against international terrorism.
            (11) Some foreign governments and entities are doing little 
        to counter proterrorist and prointolerance messages to mass 
        audiences, including to school age children.
            (12) Countries providing direct or indirect assistance to 
        international terrorist organizations undermine the direct 
        security interests of the United States.
            (13) Countries demonstrating indifference to or providing 
        actual endorsement of international terror as a legitimate 
        political tool make a direct threat to the security interests 
        of the United States.
            (14) United States economic assistance programs and the 
        transfer of United States Munitions List items are a critical 
        tool of United States foreign policy and winning the global war 
        against international terrorism.
            (15) Countries receiving United States assistance and the 
        export of items on the United States Munitions List should be 
        expected to support the global war against international 
        terror.
            (16) Several existing laws, including the USA Patriot Act 
        of 2001, the Antiterrorism and Effective Death Penalty Act of 
        1996, the Foreign Assistance Act of 1961, the Arms Export 
        Control Act, and the Export Administration Act of 1979 (or 
        successor statute), prohibit the provision of United States 
        assistance, and the licensing for export of items on the United 
        States Munitions List, to countries supporting terror or not 
        fully cooperating in antiterror efforts of the United States. 
        It would be appropriate in the implementation of these laws to 
        apply the definition of ``fully cooperative in the global war 
        against  international terrorism'' set forth in this Act, 
including preventing promotion of terror in state-owned and state-
controlled media and educational systems.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States that--
            (1) no United States economic assistance, other than 
        humanitarian assistance, may be provided to any foreign country 
        or entity that is not making a maximum effort to be fully 
        cooperative in the global war against international terrorism; 
        and
            (2) no license for export of an item on the United States 
        Munitions List to a country or entity may be issued if that 
        country or entity is not making a maximum effort to be fully 
        cooperative in the global war against international terrorism.

SEC. 4. PROHIBITION ON UNITED STATES ECONOMIC ASSISTANCE AND COMMERCIAL 
              ARMS EXPORTS.

    (a) United States Economic Assistance.--If the President determines 
that a country or entity is not making a maximum effort to be fully 
cooperative in the global war against international terrorism--
            (1) no United States economic assistance may be provided to 
        such country or entity; and
            (2) the United States shall oppose and vote against any 
        lending from any international financial institution, including 
        the World Bank, the International Monetary Fund, the Asian 
        Development Bank, or other related institutions to such country 
        or entity.
    (b) Commercial Arms Exports.--No license for the export of an item 
on the United States Munitions List to any country or entity may be 
issued if the President determines that such country or entity is not 
making a maximum effort to be fully cooperative in the global war 
against international terrorism.

SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.

    (a) Requirement for Report.--The President, in consultation with 
the Secretary of State, the Secretary of the Treasury, the 
Administrator of the United States Agency for International 
Development, and the Director of Central Intelligence, shall prepare an 
unclassified annual report that--
            (1) contains a list of each country or entity for which the 
        President has determined that there is credible evidence that 
        such country or entity is not being fully cooperative in the 
        global war against international terrorism under section 4; and
            (2) describes for each country or entity listed under 
        paragraph (1)--
                    (A) the specific failures of each country or entity 
                to be fully cooperative in the global war against 
                international terrorism;
                    (B) the reasons why such country or entity is not 
                fully cooperative;
                    (C) the efforts being made by the United States 
                Government to promote greater adherence by such 
                countries or entities with the global war against 
                international terrorism; and
                    (D) any removal of a country or entity from the 
                list in paragraph (1).
    (b) Transmission to Congress.--
            (1) Report.--The report required by this section shall be 
        submitted to Congress every year as a section of the annual 
        country reports on terrorism required by section 140(a) of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
        (22 U.S.C. 2656(f)).
            (2) Briefing.--The President shall make the appropriate 
        officials available to provide a classified briefing to the 
        appropriate committees of Congress if such committees request 
        additional clarifying details on why a country or entity is 
        listed under subsection (a)(1).

SEC. 6. PRESIDENTIAL WAIVER.

    United States economic assistance or exports prohibited by section 
4 may be provided to a country or entity described in that section if 
the President--
            (1) determines that permitting such assistance or exports 
        is important to the national security interests of the United 
        States; and
            (2) not later than 15 days before permitting such 
        assistance or exports, furnishes a report describing the United 
        States economic assistance or exports to be provided to the 
        appropriate committees of Congress.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Expression of support for terrorism against the united 
        states.--The term ``expression of support for terrorism against 
        the United States'' means a pattern of actions or expressions 
        that are designed to provoke or incite anti-American violence, 
        advocate international terrorism, or to glorify the use of 
        violence against citizens or government officials of the United 
        States.
            (2) Fully cooperative in the global war against 
        international terrorism.--The term ``fully cooperative in the 
        global war against international terrorism'' means a country or 
        entity that  has the necessary legal framework and, to the 
maximum extent possible, is enforcing efforts to--
                    (A) prevent the knowing financing of terrorism, 
                including preventing--
                            (i) direct financial payments to any 
                        terrorist organization;
                            (ii) any terrorist organization or any 
                        entity supporting a terrorist organization from 
                        receiving financial services such as brokering, 
                        lending, or transferring currency or credit;
                            (iii) any person from soliciting funds or 
                        items of value for a terrorist group; and
                            (iv) any humanitarian or other 
                        nongovernmental organization from providing 
                        financial support to terrorist organizations;
                    (B) share intelligence information with the United 
                States, including--
                            (i) releasing information to the United 
                        States related to any terrorist organization;
                            (ii) cooperating in investigations 
                        conducted by the United States; and
                            (iii) providing, to the extent possible, 
                        access to individuals suspected of or 
                        supporting terrorist organizations to United 
                        States investigators; and
                    (C) act against terrorist organizations, 
                including--
                            (i) preventing terrorist organizations from 
                        committing or inciting to commit terrorist acts 
                        against the United States or its interests 
                        overseas;
                            (ii) preventing terrorist organizations 
                        from operating safe houses or providing 
                        transportation, communication, documentation, 
                        identification, weapons (including chemical, 
                        biological, or radiological weapons), 
                        explosives, or training to terrorists; and
                            (iii) in the cases of a country--
                                    (I) investigating suspected 
                                terrorists within its national 
                                territory;
                                    (II) enforcing international 
                                agreements and United Nations Security 
                                Council Resolutions against terrorism; 
                                and
                                    (III) curbing any domestic 
                                expression of support for terrorism 
                                against the United States and its 
                                allies in state-owned media, state-
                                sanctioned gatherings, state-governed 
                                religious institutions, and state-
                                sanctioned school and textbooks.
            (3) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means any humanitarian goods and services, 
        including foodstuffs, medicines, and health assistance 
        programs.
            (4) Terrorist organization.--The term ``terrorist 
        organization'' means an organization designated as a foreign 
        terrorist organization by the Secretary of State under section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
            (5) United states economic assistance.--The term ``United 
        States economic assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 
                2, relating to the Overseas Private Investment 
                Corporation);
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act;
                    (C) the provision of agricultural commodities, 
                other than food, under the Agricultural Trade 
                Development and Assistance Act of 1954;
                    (D) financing under the Export-Import Bank Act of 
                1945; and
                    (E) does not include humanitarian assistance or 
                other assistance that is intended to support 
                cooperative antiterrorism, peacekeeping, counter-
                narcotics, nonproliferation and counter-proliferation 
                programs, or funding for nongovernmental organizations 
                promoting education and democratic institutions.
            (6) United states munitions list.--The term ``United States 
        Munitions List'' means the defense articles and defense 
        services controlled by the President under section 38 of the 
        Arms Export Control Act (22 U.S.C. 2778).
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